/11858/2025 of RAM BAHADUR YADAV Vs STATE OF U.P. THRU. PRIN. SECY. PANCHAYATI RAJ LKO. AND 6 OTHERS on 12 December 2025

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents, Sri Pankaj Gupta, learned counsel appearing for the Gram Sabha and Sri Pradeep Kumar Singh Bisen, Advocate who has filed his vakalatnama on behalf of the Respondent No.7, which is taken on record.

2. This writ petition has been filed with the following main prayers:- "(I) Issue a writ, order or direction in the nature of mandamus commanding the respondents to immediately stop the illegal construction of a permanent road over petitioner's agricultural land bearing Gata No. 779, area 0.9100 hectare, Village Pratapgarh. (Contained as Itaura, District Annexure No. 2 to this writ petition).

(II) Issue a writ, order or direction in the nature of mandamus commanding the respondents to perform their statutory duties and decide petitioner's pending application dated 17.11.2025 and to immediately stop the illegal construction of a permanent road over petitioner's agricultural land bearing Gata No. 779, area 0.9100 hectare, situated at Village Itaura, District Pratapgarh and also to remove the illegal encroachment/structures already made on petitioner's land, in the interest of justice.(Contained as Annexure No. 1 to this writ petition)." Versus Counsel for Petitioner(s) : Govind Kumar Pandey Counsel for Respondent(s) : C.S.C., Pankaj Gupta Ram Bahadur Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Panchayati Raj Lko. And 6 Others .....Respondent(s)

3. It is the case of the petitioner that his land i.e. Gata No. 779 Area 0.9100 hectares, situated at Village Itaura, District Pratapgarh has been taken over illegally by Zila Panchayat, which is constructing a road over such land without following due procedure as prescribed under law for acquisition. The Zila Panchayat, Executive Engineer alongwith heavy machinery has dug up a deep trench inside the land of the petitioner. The petitioner has submitted several representation before the District Magistrate, Superintendent of Police, Chief Development Officer and Zila Panchayat Authority but no action has been taken. Hence this writ petition has been filed.

4. Learned counsel appearing for the Zila Panchayat, Pratapgarh has produced before instructions dated 11.12.2025 sent by the Apar Mukhya Adhikhari, Pratapgarh wherein it has been stated that link road is being constructed called Mawai - Itaura Marg up to Nikalpur-Piranagar Itaura Marg. Upgradation(painting) of such link road is being done in the Annual Development Plan of the year 2025/2026 by the Zila Panchayat. Tender was finalized on 30.07.2025. In the first phase 0.715 Km. is proposed to be constructed at the cost of 24.84 Lakhs rupees. The link road is being constructed to benefit more than 10,000 people of neighboring villages of Itaura, Piranagar, Khnwari and Managarh Dham.

5. After the petitioner has filed the writ petition, the Apar Mukhya Adhikari, Pratapgarh has asked the Sub-Divisional Magistrate, Kunda, Pratapgarh by letter dated 28.11.2025 to conduct demarcation of area earmarked as Chak Marg in the revenue records for the purpose of construction/painting of the already existing Kacha Marg.

6. The instructions are kept on record.

7. Accordingly, the writ petition is disposed of with a direction to the Sub-Divisional Magistrate, Kunda, Pratapgarh to ensure that demarcation exercise is carried out within a week so as to demarcate Gata No. 778 from Gata No. 779 and then only permit construction to be carried out by the contractor concerned. December 12,

Darpan Sharma WRIC No. 11858 of 2025

(Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench